Terms of service
Hello, and welcome to Lonofi's Terms and Conditions of Use.
These Terms and Conditions govern your use of the lonofi.com websites, home.lonofi.com web application, and the Lonofi web applications. Together with our Privacy Policy and our Cookies Policy, they constitute a legally binding agreement between you and Lonofi SAS.
These are therefore important documents, concerning your legal rights, which you should read carefully.
Make yourself comfortable and press play on a pleasant sound environment 😉
Let's do it!
Some definitions
Before going any further, let us first agree on the following terms:
Lonofi, we, our: Lonofi SAS.
The Platform: Any lonofi.com websites, the home.lonofi.com web application, and the Lonofi mobile applications
Services: All the services and functionalities provided by the Platform.
The User, you, your: Anyone using the Platform.
Registered User: Any User who has registered on the Platform and has verified his account.
Identified User: Any Registered User using the Platform by first identifying himself/herself, i. e. by logging into his/her account.
Content: Any content such as (but not limited to) text, images, icons, sounds, videos or hyperlinks accessible by the User on the Platform.
Lonofi Content: Any content such as text, images, icons, sounds, videos or hyperlinks created, published or shared by Lonofi on the Platform for the benefit of the User.
User Content: Any content such as text, images, icons, sounds, videos or hyperlinks created, published or shared by a User on the Platform for the benefit of other Users.
Contracts: All documents forming the agreement between you and Lonofi regarding your use of the Platform or otherwise access to the Services and Content, namely, these Terms and Conditions of Use, the Privacy Policy and the Cookies Policy.
Ambience: All the sound environments, scenes, soundscapes, or sound atmospheres available on the platform.
Acceptance of Contracts
By accessing the Platform or using the Services and Content, you acknowledge that:
You have read and accepted the Contracts, namely, these Terms and Conditions of Use, the Privacy Policy and the Cookies Policy;
You have the ability to enter into a legally binding contract with us and not be prohibited from doing so under any applicable legislation;
You are at least 18 years old, or at least 13 years old and have the consent of your parent or guardian.
If you do not accept (or cannot comply with) the Contracts, then you may not use the Platform, Services or Content.
Use of the Platform
Description of the Platform
The Platform offers an interactive listening service for Ambiences. Ambiences are generated by software applications developed by Lonofi by algorithmically combining sound recordings.
On the Platform, Identified Users have the ability to listen to Ambiences, customize Ambiences by tuning the simulation algorithm, evaluate Ambiences and finally create and share Ambiences.
Identified Users also have the ability to publish other User Content on the platform, to illustrate and personalize the Ambiences created, to complement their user profile, or to identify their Content to other Users of the Platform.
Creating a user account
It is not necessary to register in order to access the Platform. However, access to most of Lonofi Services, in particular, the creation of Ambiences, is only possible for Registered Users and Identified Users.
When you register on the Platform, i.e. when you create an account, you agree to provide us with accurate personal data.You agree to keep them up to date to ensure their reliability during the duration of your relationship with Lonofi.
You are responsible for ensuring the security of your account. In particular, your are responsible for ensuring the confidentiality of your username and password. You will be held responsible for any actions that are taken and performed under your Lonofi identity. If you think your account is compromised, please contact us immediately.
You agree not to create or use, under your own identity or that of a third party, any accounts other than the one initially created.
Lonofi reserves the right to prohibit, cancel, withdraw or re-assign certain usernames, under conditions or circumstances that are at our sole discretion.
Use of the Platform
User License Agreement
Subject to compliance with the Contracts, we grant you a limited, personal, non-exclusive, revocable, non-sellable and non-transferable license to use the Platform or otherwise access the Services and Content for non-commercial and private use, restricted to the family circle.
Any use outside this framework, and in particular to broadcast or play the Services and Content in public places or sale outlets, is expressly prohibited.
Guidelines for the use of the Platform
The license to use the Platform granted to you is subject to your strict compliance with the Contracts, including, but not limited to, the following provisions:
Illegal activities: You must not violate applicable legislation or encourage others to violate applicable legislation.
Fraud: You must not use the Platform, Services and Content in ways not expressly permitted by the Contracts. You must not copy or make available to the public any part of the Platform, Services and Content.
Downloading Content: You must not download locally any part of the Content unless you are using the Platform functionalities explicitly designed for this purpose by Lonofi. You must not transfer copies of the cached Content from an authorized device to another device.
Abuse: You must not harass or intimidate others, or promote violence or hatred towards others. You must not post User Content that is offensive, abusive, defamatory, pornographic, threatening, obscene or generally unlawful.
Password: You must not make your password public, or share it with anyone.
Squat a username: You must not create an account in order to prevent others from using a username.
Impersonation: You must not impersonate anyone else, use another User's account or authorize others to use your account.
Intellectual Property: You must not violate the intellectual property rights of others.
Resale: You must not sell, rent, sub-license any part of the Platform, Services, and Content. You must not sell a Lonofi account.
Spam and advertising: You must not send spam. You must not publish User Content that is intended or designed as advertising unless explicitly authorized by Lonofi.
Manipulation of the Service: You must not artificially promote Content, for example by artificially increasing the number of listenings or evaluations of an Ambience, or otherwise manipulating the Services, manually or by using an automated process.
Reverse engineering: You must not copy, adapt or attempt to disassemble the Platform and Services code to discover any Content from any part of the Platform and Services.
Data mining: You must not index the Platform and Services (crawling), or otherwise use any automated means (bot) to collect information from Lonofi, the Platform, and the Services.
Malware: You must not use the Platform, Services or Content to host or distribute malicious or harmful software.
Service degradation: You must not interfere with the Services or degrade the use of the Platform, Services, and Content for other Users. You are not allowed to test the vulnerabilities of the Platform and of the Services without being formally authorised to do so by Lonofi beforehand.
Under penalty of giving rise to criminal or civil liability, you agree to comply with the above conditions at all times when using the Platform, Services and Content.
In the event of non-compliance with the Contracts and, in particular, any of the conditions mentioned above, Lonofi reserves the right to take any action we deem appropriate, including, for example, but not limited to, terminating your account, taking legal action or reporting the offending Users to the relevant authorities.
Modification of the Services and Content Platform
We are constantly adding new Content to the Platform and developing new features to improve the Platform and Services.
These new Content and features will be governed by these Terms and Conditions of Use, and any additional terms of use that we may publish with respect to these specific additions.
Suspension and termination of a user account
You may terminate your account at any time and for no particular reason, by contacting us via our contact form. Please refer to our Privacy Policy for more information about the storage and processing of your personal data following a termination of use of the Platform and our Services.
Lonofi reserves the right to suspend or terminate your account without notice if we detect any activity in your account that constitutes, in Lonofi's sole discretion, an infringement of the rights of any third party, a violation of the Contracts or any applicable laws or regulations.
Intellectual property
Intellectual property, Platform, Services and Content
The Platform, Services and Content are the property of Lonofi or its licensors. Subject to the rights expressly granted to you in the Contracts, Lonofi does not grant you any right, title, or interest in the Platform, the Services and the Content.
Third-party software included in the Platform and Services -- and including, for example, libraries of open source software -- is licensed to you either under the terms of the Contracts or under the terms of the licenses of the relevant third party software.
All Content relating to the Lonofi brand, including but not limited to logos, brand names and domain names, is the exclusive property of Lonofi. Under the term of the Contracts you must not use them to any means.
Intellectual Property and User Content
Registered Users may publish, create, share and contribute User Content, including but not limited to:
customization of Ambience;
creation of Ambience;
Ambience evaluations;
images;
text and descriptions.
You are solely responsible for the User Content you publish on the Platform, and you expressly agree that, for any User Content you publish, you have the right to do so.
To the extent permitted by applicable law, you agree that if any person sues Lonofi in respect of User Content you publish, then you will indemnify and hold Lonofi harmless from and against all damages, losses and expenses resulting from such action, including attorney's fees.
Intellectual property of the Ambience created by Users
Any Ambience created by a User using the Platform, the Services and the Content is the exclusive property of Lonofi, which therefore holds all rights to use, play and broadcast such environment.
If you create an Ambience using the Platform, the Services, and the Content, you will be considered the composer of the Ambience on an honorary basis only.
As such, if you decide to share an Ambience you created on the Platform with other Users, it will appear under your username.
Control of User Content
Lonofi may, but is not obligated to, control User Content. We reserve the right to revise, edit or revoke access to any User Content that, in Lonofi's sole discretion, violates the Contracts.
If you publish User Content that is fraudulent, harmful, offensive or that generally violates the Contracts, Lonofi reserves the right to suspend or terminate your account without notice.
Lonofi reserves the right to remove or revoke access to any User Content that, in Lonofi's sole discretion, violates the Contracts.
Lonofi is not responsible for the User Content and does not endorse any opinion that may be contained therein.
Alert procedure in case of intellectual property infringement
If you believe that any Content infringes your copyright or any other intellectual property right, please consult our Copyright Policy and report it to us immediately, via our contact form
If Lonofi is notified that the use of any Content infringes copyright or other intellectual property rights, we may take any action we deem necessary, at our sole discretion, without notifying the supplier of the Content in question.
If the supplier believes that the Content does not infringe intellectual property rights, it may submit a counter-notification to Lonofi with a request to restore the deleted Content.
Content Restrictions
When creating an Ambience on the Platform, Users are invited to write a title and description for it. As with every online service, there are restrictions on what is acceptable for such User Content.
Furthermore, being hosted on the Google Play Store, the Lonofi mobile application must comply with Google’s Terms of Services; these are included in the following, but you may find more details about them at https://play.google.com/about/restricted-content/.
We outline in this section general rules about what User Content may not be published on the Platform. Please note that Lonofi’s moderators have full authority to judge what User Content is acceptable, whether or not it contravenes the following guidelines. By publishing User Content on the Platform, you accept to defer to this authority.
The following content is not accepted on the Platform:
Sexual Content
We don't allow pornographic, lewd or profane text. Lonofi aims to be a family-friendly environment.
In particular, any User Content that sexualizes minor will be severely dealt with, and serious offenses will be reported to the relevant authorities.
Hate Speech
We don't allow User Content that promotes violence, or incites hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization.
Violence
We don't allow User Content that describes gratuitous violence to people or animals, promotes dangerous activities, including for example self harm, suicide, eating disorders, choking games or other acts where serious injury or death may result.
Terrorist Content
We do not permit terrorist organizations to publish User Content on Lonofi for any purpose, including recruitment.
We don't allow User Content related to terrorism, such as content that promotes terrorist acts, incites violence, or celebrates terrorist attacks.
Sensitive Events
We don't allow User Content that lacks reasonable sensitivity towards or capitalize on a natural disaster, atrocity, conflict, death, or other tragic event.
Bullying and Harassment
We don't allow User Content that contains or facilitates threats, harassment, or bullying — including public humiliation, extortion, blackmail, etc.
Dangerous Products
We don't allow User Content that promotes the use of, or gives instruction for the manufacture of, explosives, firearms, ammunition, restricted firearm accessories, or other weapons, including lethal chemical compounds.
Drugs, Tobacco and Alcohol
We don't allow User Content that
portrays favorably the use of drugs, tobacco or alcohol,
depicts or encourages the sale of alcohol or tobacco to minors,
provides instructions for growing or manufacturing illegal drugs (which currently include marijuana).
Promotion of products or services
We do not allow User Content that promotes or gives instructions for the procurement of any product or service, of any kind, outside the Platform.
Hyperlinks
We do not allow the inclusion in User Content of links to other apps or online content.
Personal data
As part of your use of the Platform, Lonofi may collect and process some of your personal data. By using the Platform, you acknowledge and agree to the processing of your personal data by Lonofi in accordance with our Privacy Policy.
Links to third party sites and services
On our Platform, you may have access to links to third party sites and services. Lonofi has no control over them and does not assume any responsibility or guarantee as to the nature, quality or legality of their content, operation or use. You access it at your own risk.
These third-party sites and services are also governed by their own Terms and Conditions of Use and Privacy Policies. Please read them when using these sites.
Warranty statement and Limitation of liability
Warranty statement
The Platform, the Services, and the Content are provided as they are, subject to availability, and with all their imperfections.
We make every effort to provide you with quality Services and to correct omissions, errors, and defects in the Platform, the Services or in the Content after they have been reported.
However, we make no promises or warranties with respect to the Platform, the Services or the Content. In particular, but not limited to, we do not guarantee that:
your use of the Platform and Services will be uninterrupted, fast, secure or error-free;
omissions, errors and defects detected are corrected;
the Platform, the Services, the Content or servers on which the Platform operates are or will be free of viruses or other harmful components;
your use of the Platform is legal in a particular country.
To the fullest extent permitted by applicable law, Lonofi excludes all of the foregoing warranties and any other warranties not expressly mentioned, in particular, but not limited to, any warranty regarding the absence of infringement of intellectual property rights, compliance or quality of the Platform, Services or Content.
Limitations of liability for the use of the Services
To the extent permitted by applicable law, Lonofi shall in no event be liable for any indirect damages or losses resulting from the use or inability to use the Platform, the Services or the Content.
Limitations of liability in the event of interruption of the Services
The Services and the Platform may be subject to temporary interruptions due to:
the conduct of scheduled support and maintenance operations of which you will be informed, and whose purpose is to correct, modify and improve the Platform and Services;
unforeseen technical difficulties or disorders for which you cannot be notified in advance.
If necessary, Lonofi will endeavour to restore the Service as soon as possible. Under no circumstances shall Lonofi be held liable for any such interruptions.
Limitations of liability for Content
Lonofi shall not be liable for any malfunctions or fraudulent use of the Content that may occur without its knowledge or in contravention of these Contracts, in particular, and without limitation:
any illegal downloading of the Content;
any malfunction of hypertext links to third party websites.
Lonofi warrants that it holds the necessary authorizations to operate the Lonofi Content, namely, the Content made available to Users on the Platform by Lonofi.
It is expressly agreed that Lonofi's liability shall not be sought in any way whatsoever in respect of User Content, namely Content created, published or shared on the Platform by Users.
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold Lonofi harmless against all damages, losses and expenses of any kind, including attorneys' fees, resulting from:
your violation of the Contracts;
any User Content posted by you;
any activity in which you engage on or through the Platform or Services;
any violation of the law
any violation of the rights of a third party.
Third party rights and assignment
Rights of third parties
The Contracts constitute an agreement between you and Lonofi, and are not intended to confer any rights to anyone else.
Transfer of rights to third parties
To the extent permitted by applicable law, Lonofi may transfer some or all of its rights and obligations under the Contracts to any third party at any time, without notice, in particular and without limitation to any natural or legal person acquiring some or all of Lonofi's assets.
You may not assign, transfer or sub-license any or all of the rights and obligations under the Contracts to third parties.
Duration of Contracts and Termination
The Contracts remain in effect until terminated, whether at your initiative or that of Lonofi.
You have the possibility to terminate contracts whenever you wish, and for no particular reason. If so, you must then stop using the Platform, Services and Content.
If you have any questions about the future of your personal data following the termination of the Contracts and the resulting interruption in the use of the Platform, please refer to our Privacy Policy.
Entire agreement and severability
Entire agreement
The Contracts, namely, these Terms and Conditions of Use, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Lonofi regarding your use of the Platform or otherwise access to the Services and Content, and supersede any prior agreements between you and Lonofi.
Severability
If one or more clauses of the Contracts are considered illegal, void or unenforceable, they shall then be deemed severable and shall not affect the validity of the remaining clauses of the Contracts, which shall remain in full force and effect.
Changes to the Terms and Conditions of Use
Lonofi may occasionally modify these Terms and Conditions of Use in order to adapt to a new commercial or technological context, or even to comply with applicable regulations.
If necessary, you will be informed by means of an appropriate notification – notification on the Platform or email – of the changes we intend to make to the Terms and Conditions of Use, before they come into force.
If you are a User, you must then accept these new Terms and conditions, or stop using the Platform, Services and Content.
Applicable law and appeal procedures
The Contracts are governed by and interpreted in accordance with French law.
In the event of a dispute, we invite you, prior to any legal action or request for mediation by a competent entity, to contact us so that an amicable solution can be found.
In the event of failure, any disputes regarding the validity, interpretation and/or performance of the Contracts must be brought before the French courts.
You can also submit your complaints about our Platform or Services on the dispute resolution platform put online by the European Commission. The latter will then forward your complaint to the competent national mediators.
Legal information and contact
The Platform is published by Lonofi SAS, a simplified joint stock company with a capital of €15,000 registered in the Paris Trade and Companies Register under number 839,899,663 (intra-Community VAT number: FR 35 839899663) whose registered office is located at 57, rue Letort - 75018 Paris, France, represented by its Managing Director, Edouard Tallec, Director of the Site's publication.
The Site is hosted by Google Cloud Platform, 8 rue de Londres 75009 Paris France.
For any question related to the Contracts or more generally to the Platform and our Services, you can contact us:
via our contact form;
or by sending us a letter to the following address:
Lonofi
57 rue Letort,
75017 Paris, France