Terms and conditions
The following terms and conditions (the “Agreement”) govern the use of the Klangio website and all content and services available at or through the websites (collectively, the “Service”). The Service is owned and operated by Klangio GmbH at Alter Schlachthof 39, 76131 Karlsruhe, Germany. The Service is offered subject to your acceptance without modification of the Agreement. By accessing or using any part of the Service, you agree to become bound by the Agreement. If you do not agree to all the terms and conditions of this Agreement, please do not use the Service.
This Agreement is between Klangio and you, or any juridical entity that you represent (“you”). If you enter into this Agreement on behalf of another juridical entity, you represent and warrant that you have authority to bind such entity to this Agreement.
You retain the rights to content you submit to the Service. You grant Klangio and its service providers the right to temporarily store and modify your content insofar as necessary to provide the Service to you. Submitted content will be stored for a maximum of 30days.
Klangio does not host audio or video content of any kind. Audio files uploaded by a user are owned by that user, and are presented only to that user. All transcriptions displayed by Klangio are created automatically by the Klangio transcription algorithm and may be corrected by users or professional music transcribers. No third party transcriptions are displayed or used in any other way by Klangio. Each transcription is specifically created for the respective user. Copyright owners who do not want the transcriptions of their works to be displayed by Klangio can request the retraction of individual songs or composers from the Klangio website by emailing firstname.lastname@example.org. However, any songs removed from the website are at Klangio’s discretion and should not be considered an admission of liability on Klangio’s part.
Quality of Transcriptions
All transcriptions performed by Klangio are created automatically by the Klangio transcription algorithm. Therefore, perfect quality of the transcription can not be guaranteed, and the quality can vary based on the recording conditions (e.g. noise, reverb, echo) and the complexity of the music piece. Klangio is designed to transcribe solo recordings of piano pieces. Having additional instruments or vocals in the recording leads to worse results.
Klangio uses Google’s YouTube API to allow you to search for cover songs on YouTube.
Therefore by using our service, you agree to be bound by the YouTube Terms of Service:
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
Each time you visit one of our pages that has a YouTube API Client, this creates a connection to YouTube servers.
This informs the YouTube server which of our webpages you have visited.
If you are logged into your YouTube account, it is possible for YouTube to match your browsing behaviour to your personal profile directly.
You can prevent this from happening by logging out of your YouTube account.
We use YouTube in the interests of displaying our online services in an appealing way.
This constitutes a legitimate interest in accordance with Article 6(1f) GDPR.
You acknowledge and agree that Klangio imposes a limit on the size and the number of requests you may send to the Service. Klangio may change such limits at any time, at Klangio’s sole discretion.
By purchasing a product you agree to pay Klangio the listed price. Payments will be charged immediately after purchase.
By purchasing a paid subscription you agree to pay Klangio the applicable fees for your usage of the Service. Subscriptions will either have a flexible price or a fixed price. For flexible price subscriptions you will be billed monthly for the fees calculated over the previous calendar month. For fixed price subscriptions you will be billed at the beginning of the subscription period. The subscription period will either be a month or a year depending on your subscription.
You authorize Klangio to collect the fees using any payment method we have on record for you. We may increase or add new fees after giving you advance notice.
Listed prices are in U.S. dollars (USD) or in Euro and include any sales tax (VAT) when applicable. The charged prices are equal to the listed prices regardless of the amount of sales tax to be paid. Payments are not refundable.
Subscriptions will be renewed automatically at the end of the subscription period. Renewals will be based on the listed prices at the moment of renewal. You may cancel the automatic renewal at any one time. Your account will then be downgraded to the free service at the end of the current subscription period. For yearly subscriptions we strive to inform customers by mail of upcoming renewals.
When subscribing to the Service Klangio grants you a non-exclusive, non-transferable, non-sublicensable license during your subscription period to use the Service.
Klangio respects the intellectual property rights of others. Klangio asks you to respect the intellectual property rights of Klangio. All rights, title and interest in and to such property will remain solely with Klangio.
You represent and warrant that:
- your use of the Service will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- you have legal authorization to modify files and YouTube videos you submit;
- content you submit does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
you will not use the Service in any manner that may disable, damage or overburden it;
- your use of the Service will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area).
Klangio in its sole discretion has the right (though not the obligation) to refuse or remove content, terminate any subscription, and deny or limit access to use of the Service to any individual or entity if the terms of this Agreement are violated.
At Klangio we take your privacy seriously. Only a minimum of personal information is collected and used in order to administer your account and to provide you the requested products and services. Privacy, protection and data security are at the very heart of everything we do. Klangio is GDPR ready and compliant.
If you would like to review, correct, or update your personal data, you may do so by signing in to your account dashboard or by contacting Klangio support representatives. Klangio only processes personal data that is required to provide the Service to you. You have the right to data portability, right to access and right to be forgotten. Personal data stored in your account will be deleted upon request.
If you have privacy related inquiries please contact Klangio by email.
Data processing operations
Files uploaded to the Service are temporarily stored, optimized and deleted within 30 days. Requests to the Service can be logged in order to understand how the Service is used and to avoid misuse. A log entry contains information such as browser type, IP address, any API key, date, time, and fingerprint of the transferred file. Log entries are deleted within 31 days.
The username and email address you provide to sign up or make a purchase are stored in your account. This may include a VAT number for companies from within the EU. All purchases and invoices are recorded in your account.
Payments are handled by Klangio’s payment providers. Personal data regarding a payment is stored only with the payment provider and if needed can be processed and stored outside of Europe and the US. For PayPal purchases Klangio stores the purchase transaction number. PayPal shares your name, physical address and email address with Klangio.
Disclaimer of warranties
The Service is provided “as is”. Klangio and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Klangio nor its suppliers and licensors, make any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services, through the Service at your own discretion and risk.
Limitation of liability
In no event will Klangio, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Klangio under this Agreement during the twelve (12) month period prior to the cause of action. Klangio shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Klangio, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
Klangio reserves the right to modify or replace any part of this Agreement at any time. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. This Agreement may only be modified by a written amendment signed by an authorized executive of Klangio, or by the posting by Klangio of a revised version.
Applicable law and jurisdiction
Except to the extent applicable law, if any, provides otherwise this Agreement, any access to or use of the Service will be governed by the laws of the state of Germany, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Karlsruhe, Germany. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
This Agreement constitutes the entire agreement between Klangio and you concerning the subject matter hereof.